Citation : 2026 Latest Caselaw 3635 Bom
Judgement Date : 9 April, 2026
2026:BHC-OS:9013-DB
15-IA(L)-6566-2026.doc
Digitally
signed by
RUPALI
RUPALI RAJESH
RAJESH WAKODIKAR
WAKODIKAR Date:
2026.04.09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
19:09:02
+0530
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (LODGING) NO. 6566 OF 2026
IN
WRIT PETITION (LODGING) NO. 23121 OF 2025
Ritu Chhabria w/o Sanjay Chhabria ...Applicant
Versus
The Bureau of Immigration, Ministry
of Home Affairs & 2 Ors. ...Respondents
Mr.Darshan Naik, Ms. Reshma Shirke, Mr. Gopalkrishna Naik, Mr.
Prabhodh Sanade, Mr. K.L.Dalvi, Ms. Sangita Upadhaya for the
applicant.
Mr. Vijay H. Kantharia i/b Mr. Rahul Tiwari for the Respondent Nos.1
and 3.
Ms. Disha Parekh i/b NDP Law for the Respondent No.2.
CORAM : SARANG V. KOTWAL &
SANDESH D. PATIL, JJ.
DATE : 9th APRIL, 2026
P.C. :
1. This is an application for temporary suspension of the
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Look-Out Circular ('LOC') and for permission to the applicant to
travel to United States of America from 5 th May, 2026 to 25th May,
2026.
2. Heard learned Counsel Mr. Darshan Naik for the
applicant, Mr. Vijay H. Kantharia for the Respondent Nos.1 and 3 and
Ms. Disha Parekh for the Respondent No.2.
3. Learned Counsel for the applicant submitted that the LOC
issued against the applicant is initiated at the instance of the
respondent No.2 - Bank of Baroda. He submitted that the applicant's
son Vishwaroop Chhabria is studying in Babson College, United States
of America. He is graduating this year. He is pursuing Bachelors in
Business Administration and Management. The applicant wants to
attend his Graduation-cum-Convocation ceremony to be held in the
month of May, 2026.
4. Learned Counsel for the applicant submitted that in the
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past, the applicant was permitted to travel to Thailand for a family
wedding vide the order dated 10 th October, 2025 passed in
IA(L)/30535/2025 in WP/23121/2025 between 19 th November, 2025
to 29th November, 2025. The applicant had accordingly travelled to
Thailand, she had complied with all the conditions and has come
back. Learned Counsel submitted that even on this occasion, the
applicant shall comply with all the conditions imposed on her.
5. Learned Counsel appearing for the respondent No.2 -
Bank of Baroda does not have objection for the applicant's travel to
the United States of America. Her only request is that the conditions
as imposed vide the earlier order be imposed on this occasion as well.
6. Considering the stand taken by the respondent No.2 -
Bank of Baroda, and also, taking into account the fact that the
applicant is desirous to travel to the United States of America for a
genuine and important reason to attend her son's convocation, we are
inclined to allow this application on the same conditions which were
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imposed vide the order dated 10 th October, 2025. Hence, the
following order :
ORDER
(1) The applicant is permitted to travel to the United States of
America from 5th May, 2026 to 25th May, 2026 on the following
conditions :
(i) The applicant shall file an undertaking in this Court
setting out a detailed itinerary of the above travel including
the airline tickets, addresses of the hotels, where she would
be staying during the above travel, alongwith other contact
details. This undertaking shall also state that the applicant
shall return to India on or before 25th May, 2026.
(ii) The applicant shall also file another undertaking not
to apply for renewal and/or extension of this order until she
returns to India.
15-IA(L)-6566-2026.doc
(iii) The copies of both the aforesaid undertakings shall
be served on the Advocate for the respondent No.2 - Bank
of Baroda before the date of departure.
(2) Subject to the above conditions, the applicant is permitted
to travel abroad as aforesaid.
(3) It is clarified that this order does not apply to any other
Look-Out Circular and/or restraint order, if issued, by any other
Authority/Court/Agency/Bank.
(4) The Immigration Authorities at all Ports of Departure
including all Airports will permit the applicant passage and allow her
to take flights out of the country irrespective of whether the
respondent No.2 - Bank of Baroda has notified them or not and
irrespective of whether this suspension is noted in the Immigration
Authorities systems or otherwise.
15-IA(L)-6566-2026.doc
(5) The Immigration Authorities shall not insist upon a
certified copy of this order but will act on presentation of an
authenticated or digitally signed copy of this order.
(6) Interim Application is disposed of.
SANDESH D. PATIL, J. SARANG V. KOTWAL, J.
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